9 Counts in 2 Criminal Complaints Dismissed. Minimum Mandatory 25 year sentence - Dane County- Over 240 years of possible imprisonment dismissed

We have been saying for some time that our results are uncommon. No case we have handled better illustrates that fact than this one.

Client was charged in a case which gained attention based on his job, a teacher at a middle school.

He was initially charged in a 4 count complaint with among other things, first degree sexual assault of one of his students.

Almost 2 years later the child accused the client and his roommate of sexual assault, adding 5 additional counts to the charges. The new charges added a twist, the allegations triggered a minimum mandatory sentence of 25 years to two counts. Meaning if the client was convicted he would have to serve 25 years in prison before the possibility of release.

We filed a motion to dismiss the case because the police destroyed an interview with the child where the child denied he had ever been assaulted in any way. We also dug in and did the “hard shit” getting experts to go through forensic evidence. That evidence established the child was clearly lying about the allegations. We presented that evidence to the DA, along with our motion to dismiss.

Prior to the hearing, which has been a staple in our cases lately, the DA simply moved to dismiss all charges. It is the 3rd case in a row, handled by Corey Chirafisi that the hearing never actually took place, instead the government simply dismissed the charges.

We believe that these results are better than other firms. We are happy to put these results up against any other firm.

The client can try to piece his life back together after 2 long years. We are thrilled to be a small part of that process.

3 More Cases Dismissed

In the last 10 days, Chirafisi & Verhoff has had 3 outcomes in cases which are worthy of mentioning. 2 OWI cases and a possible sexual assault charge. Each client walked away with no record of any kind.

Case No. 1- OWI 1st/BAC .12- Case dismissed by prosecutor.

The client was stopped because he was squealing his tires in downtown Prairie du Chien at bar time. A police officer was patrolling downtown and observed the violation, pulling the client over. What flipped the case was the video (as it is many times). On the video, after placing the client under arrest, the officer began to speak to him regarding possible penalties if he either agreed to, or refused the blood test. The problem was the information the officer provided was incorrect. Attorney Corey Chirafisi filed a motion to suppress the test result and the prosecutor simply conceded the argument and informed the court that he was dismissing the matter. No amendment, just a complete dismissal.

Case No. 2- precharge on possible charges of Intercourse with an Unconscious person- Dane County.

As we have mentioned many times in the past, we do quite a bit of pre-charge representation. If a client believes charges may be forthcoming, we get involved and usually can help with the case right from the start. In this case, the client believed that he might be charged for a consensual encounter with a woman the evening before. She had filed a restraining order against the client. We handled that matter, got it dismissed. Then the police came calling. Obviously, the client made no statements and he did comply with a DNA test. After approximately 8 months, law enforcement called and informed Attorney Corey Chirafisi that they were not going to forward charges to the DA, they did not believe they could prove the case. Client was able to avoid any charges and the restraining order was denied.

Case No. 3- OWI 2nd/BAC .258

This is a follow up from an early post where Corey Chirafisi was able to convince the trial court to throw out the clients blood alcohol concentration test of a .258. However, the driving in the case was terrible. The video, which usually helps, was very bad for the client. He was slurring his words, couldn't follow directions and just looked drunk. The case was amended from an OWI to Negligent Operation of a Vehicle. That is great, the client was able to get out of an OWI. What was better was at the end of the hearing, the court expunged the charge of Negligent Operation. No record of any kind. Result could not have been better.

Motion Granted for Privileged Records of Witness

Normally, we only post results once a case is completed. However, we had some results in cases this week that we feel compelled to share. While some of the cases are not concluded, we will make sure to let you know how they turn out.

Thursday- Client is charged in a multi count complaint alleging three (3) counts of sexual assault. After receiving the reports in the case, Corey Chirafisi believed there was a motion to get the privileged psychological records of the complaining witness. The motion can be difficult to win, however, it can also provide very useful information if granted. The records are initially reviewed by the judge.

We filed the motion seeking five (5) different records from counselors regarding the past psychological counseling of the witness. Prior to the hearing, the prosecutor called and informed us that he was not going to object to the records being reviewed by the judge. The judge granted the motion in its entirety.

Second Degree Sexual Assault- Precharge Diversion Agreement Entered Into

Although courts are not operating as usual because of the COVID pandemic, Chirafisi & Verhoff are still getting outstanding results for clients. 

We do quite a bit of "precharge" cases.  Those are cases where charges haven't been filed, but very likely will be.  Getting a lawyer to gather evidence and work on the case before charges can be filed are incredibly helpful, as this client found out.

Client was referred to Corey Chirafisi regarding 2 counts of sexual assault.  Both counts would have been charged as 2nd degree Sexual Assault.  They would have required lifetime sex offender registration and potentially prison time.  We worked with the DA's office on the case and ultimately resolved all charges with an uncharged deferred prosecution agreement.  The client did not have to plead to any charges and was never convicted of anything.  If he completes the terms of the agreement, the possibility of charges are gone forever.  The great part of the agreement for the client is that if something goes wrong with the agreement, he has the opportunity to fight the case on its merits.

2nd-Degree Sexaul Assault Dismissed

The Dane County District Attorney's Office filed a felony charge of second-degree sexual assault against our client, alleging he inappropriately fondled a woman who was serving as a family babysitter.  The client was referred to our firm by a different lawyer in the Madison area.  During the initial consultation, the client's family members informed our lawyers that the client was suffering from serious medical problems involving his brain.  These medical issues could have played a part in any alleged conduct if true.  After multiple meetings, however, it became clear to Attorney Tim Verhoff that due to his medical issues, the client was not able to assist in his own defense.  In short, the client lacked the ability to form short-term memories.  Prior to the preliminary hearing, our lawyer raised the issue of competency to the judge.  The assigned prosecutor initially was skeptical.  However, the judge ordered an evaluation by a government doctor.  After the evaluation, the doctor agreed with our attorney's hunch that the client was not competent to proceed in the case.  Still skeptical, the prosecutor asked the court to suspend proceedings and an order for a second evaluation to be completed.  The second evaluation produced the same results.  Pursuant to a reasonable degree of medical certainty, the client was not competent and was not likely to regain competency due to his brain condition.  Given the circumstances, the prosecutor agreed to dismiss the charge against our client.  Although the client's mother remains devastated by her son's medical condition and prognosis, she was appreciative that we immediately recognized the legal problem and obtained the appropriate outcome as quickly as possible.

Sexual Assault Case Declined

In this matter, the client hired our office after members of Dane County law enforcement contacted him to question him about an allegation of sexual assault.  Our attorney spoke with the detective and ultimately the prosecutor when the case was referred to the District Attorney's Office for potential charges.  Through this process, our attorney was able to provide information to the DA about the client, the complaining witness, and factual details before the prosecutor ever set eyes on the police reports.  The information we provided was not otherwise included in the reports from law enforcement.  With this additional information in mind, the prosecution agreed not to file a criminal charge against our client.  Although the process took several months and was stressful for our client and his family, he appreciated having someone in his corner fighting for him every step of the way. 

Felony Sexual Assault Reduced to Misdemeanor With Expungement

When our client received a summons to court for charges alleging repeated acts of sexual assault of a child, he went into panic mode. Although the client was in his early twenties, the Dane County District Attorney's Office charged him for several acts that occurred when he was approximately 14 years old. The family hired our firm before making an initial court appearance. Attorney Verhoff contacted the District Attorney and requested a meeting at which he suggested that had the case been filed at the time of the offense, the client would have been treated as a juvenile. Attorney Verhoff proposed a postponement of the case to give the client time to undergo various evaluations and treatment to demonstrate he was not a high risk to re-offend. Assuming that checked out, Attorney Verhoff proposed amending the charge from a felony offense to a misdemeanor that could be expunged from his record. As Attorney Verhoff argued, this would be an outcome that very much mirrored what would have happen in juvenile court if the client had been charged at that time in his life. The District Attorney agreed to the proposal. At the plea hearing, the judge was at first taken aback by the proposed outcome in this case. But once Attorney Verhoff explained it thoroughly, she said she was very comfortable with the outcome and accepted the agreement in full. This case is an excellent example of our firm thinking outside the box to resolve cases favorably for clients.

Precharge case involving allegation of 3rd Degree Sexual Assault- No Charges filed​

We have preached over and over in this blog the importance of “getting ahead” of an investigation. When a client reaches out to us upon becoming aware of a possible criminal investigation, we have the opportunity to really help.

This client had a lot on the line. A teacher who, if charged, would have likely lost his job, even without a conviction. The allegations would have been a problem for him moving forward. He made a decision to get in touch with us immediately before any charges were filed. We were able to get the district attorney’s office to agree to hold off on charges until we finished our investigation. That was a huge help. We were able to get all the reports as well as do our own investigation. After a few weeks, we presented that information to the D.A., who declined all charges. 

Everyone wants to win trials, they are great. Still, the best work a lawyer can do in our opinion is to avoid charges from ever being filed. You will see that as a theme throughout the next entry.

Sexual Assault Case Dismissed, Felony Declined

The Madison Police Department arrested our client after he attended a local house party and allegedly groped two female attendees.  He was also alleged to have punched a party goer, though it was in reaction to being hit by someone else.  At the time of the client's arrest, the officer also claimed the client resisted and caused an injury to the officer, which is a felony offense. 

Upon advice of a judge, the client's family contacted our office for help. Attorney Verhoff went to work before charges were filed, providing the prosecution background on the client as well as the incident.  After speaking with Attorney Verhoff, the prosecution agreed to file no felony charges.  However, the client was charged with two counts of misdemeanor sexual assault, misdemeanor battery, and misdemeanor resisting.  The case was assigned to a different prosecutor in the office to handle for purposes of trial.  Through negotiations, Attorney Verhoff was able to explain the significant impact the arrest and prosecution had on the client.  He argued the client was young with no record, and continued prosecution in the justice system was not needed.  After listening to Attorney Verhoff's arguments, the prosecutor agreed and dismissed all charges.

5 More Great Outcomes for Clients

OWI 1st/PAC- Waukesha County- Amended to Reckless Driving

            The first case involved a client that was called in for sleeping in his vehicle on the side of the road after a day at a golf outing.  The client pulled his vehicle off the side of the road and a passerby called the police to check on him.  Once the police showed up, the case was off and running.

            The difficulty initially was the location of the case.  Waukesha County has been notoriously hard on OWI cases.  This one started no differently.  The case started in municipal court.  While the client was not initially successful at the municipal level, the information obtained through cross examination of the officers ultimately lead to resolution of the case in circuit court.

            Attorney Corey Chirafisi was able to raise serious questions as to what time the client was driving his vehicle.  That driving time put the test result, which was .089, in real jeopardy.  Also, based on the officers testimony regarding the 20 minute observation period, it became clear that no observation period of the client was ever done.

            On the eve of trial, the prosecutor offered to resolve the case for a reckless driving ticket.  The client was more than happy to accept that amendment.  It was especially satisfying as the client was unsure whether or not he wanted to appeal the case to circuit court.  Having never been arrested before, he had real questions about how that outcome may have been different from municipal court.  We are very glad he was willing to trust us to help him get through this. 

OWI- Amended to Inattentive driving- Dane County

            The second case shows why hiring a lawyer can change a case very quickly.  The client was charged in Dane County with OWI as she was stopped for speeding.  The officer believed that she was intoxicated based on the time (almost 2 a.m.), the odor of intoxicants and the bloodshot, watery eyes the officer said he observed.  The client was thinking about just pleading guilty to the OWI for a minimum sentence seeing that her test result was right at the legal limit. 

            After speaking to Corey Chirafisi, the client made a decision to fight the case; that turned out to be a great decision.  Attorney Chirafisi had dealt with the prosecutor on multiple occasions in the past.  After a conversation about some of the weaknesses in the government’s case, the prosecutor offered a reckless driving.  That was rejected by the client.  We believed we could do better, we were right.  Finally, the prosecutor offered a 4 point reckless driving ticket and even dismissed the speeding charge.

            Making a call to our office turned out to be a wise decision for the client.

Felony OWI 4th –amended to misdemeanor

            Collaterally attacking prior convictions has become more difficult as time has passed.  While it allows prior cases in which the client did not have a lawyer to be voided for counting purposes, courts and prosecutors have become better at dealing with these potential issues.

            The client was arrested for a felony 4th OWI charge.  Obviously, avoiding a felony conviction and all that comes with that was a very big goal of the clients.  So, Attorney Corey Chirafisi reviewed the client’s prior OWI convictions and found that he did not have a lawyer on his 2nd offense.  Sounds great, but the problem was that he did have a lawyer on an earlier criminal case which made things far more interesting.

            Attorney Chirafisi and the client put all the necessary paperwork together and filed the motion challenging the prior conviction.  The government, as per usual, was not going to concede this issue.  A hearing was held.  The client testified, was cross examined and did a great job.  The court found that the government did not meet their burden and voided the prior 2nd offense conviction, turning this felony 4th into a misdemeanor. 

            The ramifications are enormous.  Gun rights, felony probation, possible prison time.  The client was extremely grateful for the work our firm did on his case.

Possible False Imprisonment Dane County-Declined Prosecution

            We have said this multiple times in this blog, getting a lawyer as early as possible can make a huge difference in how a case turns out.  We spend a fair amount of time dealing with clients who likely will be charged, but hire us before formal charges have been filed.  Some of the time, we can avoid any charges being filed.  That is hands down the best result.

            This case was incredibly challenging as it dealt with a possible felony false imprisonment with a stranger.  Stranger cases are far more difficult to maneuver as prosecutors worry about danger to the public and protection of the community when deciding how to charge these cases.  The client is a highly successful student with a very bright future.  He did what many college students do: went out, drank too much and found himself in the company of a female who he had met that evening. 

            The women ultimately called the police and reported that the client had held her down against her will.  The police spoke to the client before he had counsel and in fact arrested and booked him.  The clients family was referred Chirafisi and Verhoff and we started by informing the police that the client was no longer interested in cooperating with any investigation.  We then reached out to the DA’s office in an attempt to get “ahead” of the reports reaching their office.

            After a conversation with law enforcement, there was an agreement for up front counseling with no referral to the DA’s office at all.  Case done, client’s future secure.

1st Degree Sexual Assault of Child- Charges Declined

            This blog above mentions the benefits of getting a lawyer before a case is filed.  This is another perfect example of how that works to a client’s benefit.

            The client was referred to Chirafisi & Verhoff on a Saturday from a former client on a possible sexual assault investigation.  Making a call to our office on a Saturday was the first positive step.  The police work weekends, and so do we.  We got in touch with the client and made sure that no statements were provided to the police.  That was helpful, since later that day the detective attempted to make contact with the client to get a statement.

            Because the allegation involved a biological child, the county then got involved with social workers who also were doing an investigation and wanted to speak to the client.  We had to step in and prevent and type of statement whatsoever from being made by the client.  Don’t help the police, any statement will only do that. 

            We then spoke to some of the possible witnesses to the matter and let the DA’s office know that we had begun our investigation.  Ultimately, with no client statement to either law enforcement or social services, the DA was left to make a charging decision based on what information they had.  They made a decision to decline the prosecution of a charge that is the most serious in this state, short of 1st degree intentional homicide. Another great result for a really good guy.

4 More Outstanding Results Include No Prosecution on Negligent Homicide Charge

In the past 10 days or so, Chirafisi & Verhoff has had four more outstanding outcomes for our clients!

Case #1- Pre-charge Negligent Homicide

This case involved a motor vehicle accident resulting in the death of the client’s passenger.  Initially when the client’s family called us, there was an allegation that the client had failed to stop at a stop sign, resulting in the vehicle striking a semi which ultimately led to the death of the passenger.  We were informed that there were multiple witnesses who observed the accident.

At that point the client had not been charged, so it gave us an opportunity to get to work on some areas of the defense.  The first thing we did was hire an accident reconstructionist.  The expert was able to get out to the scene shortly after the accident and get measurements before the government was able to complete their reconstruction.  

We notified the State that we had been retained and that an expert was on board.  Ultimately after more than 8 months of investigation in the case, the State had the detective assigned to the case inform us that no criminal charges were being brought against the client.  While the case involved a tragedy when the passenger lost his life, we were able to help avoid the client from having to face serious felony charges stemming from the accident.

Case #2-  OWI 1st/Refusal- Complete Dismissal of all Charges

Client was on vacation at a campground when he was arrested for OWI 1st.  What made matters much more difficult was he was an Illinois licensed driver.  The penalties for Illinois drivers arrested for OWI in Wisconsin is very severe in Illinois.  Clients can lose their driving privileges in Illinois for years, even on 1st offenses.

The client was also alleged to have refused to submit to an evidentiary chemical test of his blood when requested by the police.  Believe it or not, the case involved the client driving a gas powered golf cart on a public roadway.  He was involved in an accident which severely injured him and he had no memory of what occurred.  The prosecutor wasn’t moving on the case, initially recommending the OWI charge along with the IID requirement.  

We began by watching a video from a bar parking lot where the accident occurred.  We slowed down the video literally second by second.  What we discovered was for a split second on the video, headlights from a vehicle were on the golf cart and we could see that another person was actually the driver of the golf cart.  Once the accident occurred, that person fled the scene and because our client suffered a head injury, he had no recollection as to who was driving.

We then showed the prosecutor the video from the bar and he dismissed all charges against the client.

Case #3- OWI/PAC 1st- Dane County- amended to inattentive driving

This client, like many we have, needed a valid license to continue working a brand new dream job he had just landed.  A conviction would have resulted in immediate termination from his company.  

A gas station worker witnessed our client pull into the parking lot with a flat tire and riding on his rims.  The client was alleged to have parked his car, opened the door and threw up, then tried to go to sleep in the parking lot.  The police arrived shortly after our client got there, and our client was put through field sobriety tests after the police noticed his blood shot eyes, slurred speech and his clothes having vomit on them.

The client tested a .088 on the breath test after being arrested.  Further, the client informed the police that he had not consumed alcohol for 6 plus hours as it was approximately 5:30 a.m. when the police made contact with him.

Ultimately after back and forth negotiations with the prosecutor, the government offered to resolve the case for an inattentive driving ticket.  It saved the client's career.

Case #4- Two Counts of Second Degree Sexual Assault turned into One count of Child Abuse to Deferred Prosecution with Alford Plea

This case took two years to resolve.  It started as 2 counts of sexual assault.  Client had used our services in the past and when these charges were filed he came to us again for assistance.

The turning point in the case was when we were able to convince the judge that the time alleged in the complaint (approximately 3 weeks) was too long.  The prosecution was required to go back to the mother of the complainant and she had to narrow down the time frame.  That changed the entire case.  She narrowed it down to 3 days.  When we were provided with that information, we were able to get the client's work records which showed it was likely that he was working at the time of the allegation.  

Once we provided that information to the DA, the case basically fell apart.  If the client does not get in any trouble for the next 12 months, the entire case will be dismissed.  Outcome totally changed our client's life.